What to do about the check and do I need a new lawyer.

My Dad passed away in March, 2012. I got this young attorney that had just passed the board and I was his first client so he treated me really well. I am the exector and the beneficiary. My Dad did not have very much because he lived with me due to his health and he spent a lot of money. In fact, between him and my daughter, I had to file bankruptcy which this attorney did at the same time that he did my Dad's estate. He told me in Thanksgiving week that the last of the claims had been made on my Dad's stuff and that it was ok for my son to come down from Ohio to get Dad's clothes and other items without any problems with the creditors. I started to realize that he was not keeping me up to date on anything to do with my Dad's estate. He did the job of my bankruptcy to my satisfaction. I received a letter aat the end of October from a company that told me that there was money for Dad and they knew he had passed, so they wanted to know who the executor was and wanted to have all the information about me and my duties as executor. I faxed them the information in October but did not receive any word until the 2nd week of January. I had a problem with my bank and had a few service fees: actually 443.00 in fees. I found out that my attorney had received the check and I am on a fixed income ; and the bank had taken over half of my paycheck. I needed the check as soon as possible. I called him and asked him when I could come over to sign the check and get whatever part that I had coming, and he told me "when I get good and ready to give it to you." He knew that I was struggling with money but all he did was belittle me by telling me how stupid I was with money, he didn't care if my electric was turned off or not , and a lot of very not nice things and said that he had over 150 clients and was not going to sit down and take the time to fix it so I could get my bills paid, I also found out that he has been doing my executor duty and not even letting me know anything about this. He has lied and misled me for many months now and degraded me and I am tired of it. I went to the County Clerk's office and there was a man there who I think was a judge who told me to find out what rights I have about the check and get another lawyer, and then go and fire my lawyer that I have now. The check came in the name of *****. Who has the right to cash that check and can I close that estate with out a lawyer. I am the only child and beneficiary. My Dad was only worth $1100.00. Clothes and a few tools. Please get back to me as soon a possible.

Edited by FindLaw_AHK, 23 January 2013 - 09:49 AM.This post has been edited to remove personal or identifying information. -Moderator

In future, best to avoid red font ... and extraneous detail (there was quite a lot in your post).

If your father was "only worth $1100" it is unclear why you hired an attorney in the first place (or how the estate would pay an attorney to handle probate and have anything left after doing so).

"... can I close that estate with out a lawyer."

Only possible answer to this is "yes".

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.